Indoor contaminants in residential properties can be a significant environmental health problem. Various health affects have been linked with occupant exposure to various toxic and hazardous substances known to cause cancer in humans. Cancer is probably the most dreaded disease affecting humans, especially pregnant women and children exposed to indoor environmental health contaminants. One of four Americans, approximately two million people per year, eventually will develop cancer if trends continue. Based upon extensive studies, 80% to 90% of all cancers are caused by environmental factors, in the home or at the work place. By definition, carcinogens cause malignant tumors. An increase in malignant tumors is a sign of carcinogenicity. Cancer is a family of more than 100 different types of diseases, all characterized by uncontrolled growth and spread of abnormal cells (malignancy). Regulatory agencies simplify the matter by classifying all chemicals producing abnormal growth whether benign or malignant, as carcinogens.
A few known human carcinogens, such as asbestos, lead and vinyl chloride are regulated under Occupational Safety and Health Administration (OSHA). OSHA lists 25 carcinogenic substances. The National Toxicology Program's (NTP) Fifth Annual Report on Carcinogens lists 22 known and 140 suspected carcinogens. The higher the dose of a chemical carcinogen, the greater the number of people who will develop cancer associated with exposure to the chemical. However, indoor cancer pollutants can be eliminated or abated by performing an environmental assessment for residential properties and if the results of inspecting, testing, and assessment show signs that emissions from hazardous substances exceed established threshold levels, remediation (cleanup) should follow.
Up until now, there was no standard, specification or protocol for conducting an environmental assessment for residential properties. However, the U.S. EPA has developed guidelines for environmental assessments for commercial and industrial properties. Such environmental assessments are known as Phase I and Phase II. Phases I and II were developed primarily to protect human health and the environment as well as to satisfy the "disclosure" and "due diligence" criteria for commercial and industrial real estate transactions.
Due diligence is the exercise of "good commercial or customary practice" and is the only significant defense against liability (property damage and personal liability) for past environmental hazards for parties to real estate transactions. Federal, state and local environmental laws have been promulgated for "commercial and industrial" properties which require an Environmental Assessment of the property, Phase I and Phase II, in order to satisfy the "due diligence" criteria.
A Phase I Environmental Assessment includes a visual site inspection of the property in order to make the client aware of reasonable suspicions of environmental conditions that may have an adverse environmental impact on the property and its occupants. Phase I does not include sampling and collecting hazardous substances or laboratory testing. If the client desires, a Phase II follows which generally includes sampling, collecting, laboratory testing/analysis, assessment and response action (remediation) recommendations(s). A Phase III includes the scope of work, design, plan and specification for remediation and dictates the contractual terms and conditions required for the cleanup work.
The performing of a Phase I and II Environmental Assessment for residential properties using the U.S. EPA guidelines established for commercial and industrial properties is cost prohibitive, especially since Phase I alone (without sampling, collecting and testing) would have little value for a residential property, and Phase II would necessarily follow. There is, therefore, a critical need to develop an affordable Environmental Assessment for residential properties and at the same time, satisfy the most important "due diligence" criteria.
As a result, this invention of a cost effective, comprehensive environmental system and protocol, termed the Phase Zero Environmental Assessment, has been designed.
The Phase Zero Environmental Assessment is a low cost comprehensive inspection, detection, sampling, testing, and assessment standard for residential properties that follows the guideline established by the U.S. EPA for Phase I and Phase II for commercial and industrial properties including satisfying the "disclosure" and "due diligence" criteria.
The Phase Zero system and protocol addresses presently known relevant indoor toxic and hazardous cancer causing substances such as asbestos, radon, lead in water, particulates, volatile organic compounds, formaldehyde and lead based paint. Testing for other contaminants if any, are optional and available to the property owner at additional cost.
Upon the completion of Phase Zero Environmental Assessment a "Certificate of Environmental Compliance" is issued to the property owner showing the property met the environmental emission standards established by the U.S. EPA or other government environmental agencies. In the event the inspection and assessment show one or more hazardous substances to be above the acceptable standards, a response action (cleanup) is recommended to remedy the hazard, and if requested, several independent third party qualified cleanup contractors are referred. The environmental inspectors are also available to perform final clearance (sampling, air monitoring and testing) and recertification for environmental compliance once the hazard(s) have been abated by the contractor.
The Phase Zero system and protocol may be used for all residential properties, single and multi-unit family homes, apartments, condominiums, cooperatives, retail shops, strip shopping stores, etc.
There is a great potential for major public health benefits to be realized by widespread consumer use of the Phase Zero Environmental Assessment system and protocol for residential properties. If the Phase Zero Environmental Assessment shows that one or more hazardous substances measure above established recommended emission standards, a response action for property remediation would necessarily follow which would eliminate or reduce the indoor toxic and/or cancer causing substances at an affordable cost, without any increased risk to consumers.
Consequently, the improvement in public health results to be realized by routine, widespread use of the Phase Zero system and protocol will be immediate and measured in the avoidance of thousands of deaths and hundreds of thousands of persons hospitalized annually.
Also, utilization of the Phase Zero Environmental Assessment would meet the "innocent land owner defense" criteria since inspection, detection, sampling, testing and assessment of the real property conducted by environmental professionals, to determine or discover the obviousness of the presence or likely presence of a release of toxic or hazardous substances on the property and a review of other sources of information concerning previous ownership and use would satisfy the "disclosure" and "due diligence" criteria as a defense against liability for remediation (cleanup) costs for past environmental health hazards for parties to current real estate transactions.
The utilization of the Phase Zero Protocol would, therefore, protect all parties in the real estate transaction including the real estate broker, the seller and the lending institute (mortgage) against:
STATUTORY LIABILITY: Breach of any statutory duty to disclose material facts regarding the condition of the property.
NEGLIGENCE: Negligently failing to disclose material facts regarding condition of the property and intentionally not representing the condition of the property.
MISREPRESENTATION/FRAUD: Intentionally failing to disclose material facts regarding condition of the property and intentionally misrepresenting the conditions of the property.
The Phase Zero system and protocol is designed to benefit the consumers and buyer of residential properties from indoor environmental health hazards and to protect all the parties in the real estate transaction against potential liability arising from misrepresentation, fraud, negligence or non-disclosure of the environmental condition of the property. At the present time, there are no known systems for assessing environmental contaminants in residential properties that have established standards, guidelines or protocols, except for the system of this invention.